February 5, 2002

‘7’

MEASURES TO INTERCEPT ELECTRONIC INFORMATION

    The Controller under the Information Technology Act, 2000 and the rules framed thereunder, by order, direct any agency of the Government to intercept any information transmitted through any computer resource, if he is satisfied that such measure is necessary in the interest of the national security. This provision has been incorporated under Section 69 of the IT Act. Accordingly, if the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign countries, public order and for preventing incitement to the commission of any cognizable offence, he can issue order in writing to intercept any such information.

    Section 70 of the IT Act empowers the appropriate Governments both the Centre and the State to declare any computer, computer system or a network as a protected system. Any attempt to interfere or access to systems, without   lawful authority, may be punished with imprisonment for ten years. This is essential to prevent anti-national elements from hacking into our computers and networks, which are sensitive in nature as it happened when the computers at the BAARC were hacked in the year 2000.

    In the USA, a comprehensive action plan has been devised called the Critical Infrastructure Protection, which is aimed at protecting the breakdown of the essential services of the community like electricity, transportation, defence and security.

    Since identification of users in Cyberspace is crucial for fixing liability under the IT Act to deter persons from acquiring false identifies Section 71 of the Act imposes punishment which may extend upto two years for making misrepresentation to the Certifying Authority.